California Senate Bill SB1222 Introduced / Bill

 BILL NUMBER: SB 1222INTRODUCED BILL TEXT INTRODUCED BY Senator Block FEBRUARY 20, 2014 An act to amend Section 1385 of the Penal Code, relating to dismissal. LEGISLATIVE COUNSEL'S DIGEST SB 1222, as introduced, Block. Dismissal: criminal action. Existing law authorizes the judge or magistrate, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, to order a criminal action to be dismissed. The reasons for the dismissal are required to be set forth in an order entered upon the minutes. This bill would give the judge or magistrate the option of either stating the reasons for the dismissal on the record or setting forth the reasons for the dismissal in an order entered upon the minutes. The bill would also make technical, nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1385 of the Penal Code is amended to read: 1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal  must be   shall be stated on the record or  set forth in an order entered upon the minutes.  No   A  dismissal shall  not  be made for any cause  which   that  would be ground of demurrer to the accusatory pleading. (b) This section does not authorize a judge to strike any prior conviction of a serious felony for purposes of enhancement of a sentence under Section 667. (c) (1) If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a). (2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).